By the twenty-fifth section of the Judiciary Act of 1789, it is provided, "that a final judgment or decree in any suit in the highest Court of law or equity of a State in which a decision in the suit could be had, where is drawn in question the, validity of a treaty or statute of, or an authority exercised under, the United States, and the decision is against their validity; or where is drawn in question the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the Constitution, treaties, or laws, of the United States, and the decision is in favour of such their validity; or where is drawn in question the construction of any clause of the Constitution, or of a treaty or statute of, or commission held under, the United States, and the decision is against the title, right, privilege, or exemption, specially set up or claimed by either party, under such clause of the said Constitution, treaty, statute, or commission, may be reexamined, and reversed or affirmed, in the Supreme Court of the United States.". The assignment is a great way to introduce or review the famous cases. 13. The Superior Court of Gwinnet overruled the plea, and the plaintiff in error was tried and convicted, and sentenced "to hard labour in the penitentiary for four years." Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. "that discovery of parts of the continent of America gave title to the government by whose subjects, or by whose authority it was made, against all other European governments, which title might be consummated by possession,". The national character of each, the ability of each to establish this boundary, is acknowledged by the other. The opinion of Mr Justice Baldwin was not delivered to the reporter. June 10, 2022 264. Trustees of Dartmouth College v. Woodward. 6. That instrument surrendered the powers of peace and war to Congress, and prohibited them to the States respectively, unless a State be actually invaded, "or shall have received certain advice of a resolution being formed by some nation of Indians to invade such State, and the danger is so imminent as not to admit of delay till the United States in Congress assembled can be consulted. 515 515 (1832) Worcester v. Georgia. To the United States, it could be a matter of no concern whether their whole territory was devoted to hunting grounds or whether an occasional village and an occasional cornfield interrupted, and gave some variety, to the scene.
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